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Archive: January, 2026

Posts in January, 2026

Proper GST Officer under Section 122: A Jurisdictional Analysis

January 25, 2026 3981 Views 0 comment Print

CA Lakshman Kumar Kadali CA Akash Heda Introduction: Recently, the Central Board of Indirect Taxes and Customs (CBIC) has issued Circular No. 254/11/2025-GST dated 27/10/2025 appointing the proper officers under Section 122, 74A, 75(2) of CGST Act, 2017 and Rule 142(1A) of CGST Rules, 2017. The circular has expressly stated that no proper officer has […]

Presumptive Taxation for Residents – 1961 Act via-a-vis 2025 Act

January 25, 2026 4227 Views 0 comment Print

The issue examines how presumptive taxation is consolidated under Section 58. The key takeaway is that structural simplicity masks stricter eligibility and compliance rules.

ITAT Orders Fresh Benchmarking of Royalty Payments, Prefers Traditional Methods Over TPM

January 24, 2026 546 Views 0 comment Print

The issue concerned valuation of royalty for bundled services. ITAT held that faulty comparables vitiated the CUP analysis and ordered fresh benchmarking.

Budget 2026 Urged to Fix Rectification Delays and Coercive Tax Recovery

January 24, 2026 1071 Views 4 comments Print

The issue concerns prolonged rectification and recovery pressures. The proposal seeks strict timelines, deemed approvals, and automatic stay of demands.

ITAT Surat Quashes Section 263 Revision on Bogus Purchase Issue as PCIT Lacks Jurisdiction During Pending CIT Appeal

January 24, 2026 2715 Views 0 comment Print

The issue was whether revision could be invoked during a pending appeal. ITAT held that PCIT lacks jurisdiction once the matter is before CIT(A).

ITAT Chandigarh Strikes Down Section 147 Proceedings Based on Uncorroborated Third-Party Excel Sheet

January 24, 2026 663 Views 0 comment Print

The issue was whether reassessment initiated by the Jurisdictional AO was valid. The Tribunal held the notice invalid as it violated mandatory faceless assessment procedures, rendering the reassessment void.

GST Arrests Quashed for Harassment of Bona Fide Recipients in non‑existent supplier cases

January 24, 2026 1371 Views 0 comment Print

The issue was misuse of arrest powers against genuine buyers. Courts have held that coercive arrests for supplier defaults violate due process and must be restrained.

Change of Opinion Barred: Section 263 Invalid After Comprehensive AO Enquiry

January 24, 2026 213 Views 0 comment Print

The tribunal held that where the Assessing Officer conducted exhaustive enquiries and applied his mind in a 153C assessment, revision under section 263 is invalid. A mere change of opinion cannot justify reopening a concluded assessment.

Section 28 Interest Is Compensation, Not Income: Reassessment Set Aside

January 24, 2026 759 Views 0 comment Print

The Tribunal held that interest under Section 28 is part of compensation and not taxable as other income. A reopening based on such misinterpretation was quashed for lack of valid belief.

Section 54B Deduction Denied as Agricultural Land Purchased in Wife’s Name

January 24, 2026 1080 Views 0 comment Print

The Tribunal held that Section 54B requires purchase by the assessee himself. Investment in agricultural land in the wife’s name does not qualify for deduction.

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